Through my work with a consultancy firm offering legal retainer services to a music distribution company, I have developed a deeper appreciation for the practical importance of copyright protection, especially within Ghana’s growing creative and digital sectors.
Reviewing distribution and artist investment agreements has highlighted just how vital it is to establish clear ownership rights, licensing terms, and royalty entitlements. Without these, creators risk losing control, income, and proper recognition. This article explores key aspects of copyright protection in Ghana and why every creative or content-driven business should take it seriously.
What Is Copyright?
Copyright is a legal right that protects original works of authorship—such as music, books, films, choreography, software, and photographs. In Ghana, this protection arises automatically once the work is created and fixed in a tangible form. This includes writing, recording, saving, or otherwise storing the work in a way that allows it to be shared or experienced.
Although registration is not required to gain copyright protection, it is highly recommended. Registration provides official proof of ownership, which becomes crucial when enforcing rights, resolving disputes, or negotiating licensing deals. Without it, proving ownership can be costly and difficult.
What Types of Works Are Protected?
Under Ghana’s Copyright Act, 2005 (Act 690) (as amended), the following works are eligible for protection:
- Literary works (novels, poems, scripts)
- Musical compositions and sound recordings
- Artistic creations (paintings, drawings, architectural designs)
- Audiovisual works (films, documentaries, online videos)
- Choreography
- Derivative works (translations, adaptations)
- Computer software and digital programs
The core requirement is originality and fixation in a tangible medium.
Economic and Moral Rights
Copyright protection in Ghana grants creators two categories of rights:
Economic Rights
These allow creators to profit from their work. They include the exclusive rights to reproduce, distribute, perform, broadcast, translate, or adapt the work. These rights can be transferred or licensed.
Moral Rights
These remain with the creator even if the economic rights are assigned. Moral rights include the right to be credited as the author and the right to object to distortions or modifications that could harm the creator’s reputation.
This distinction is especially important in industries where works are commercialized by third parties. Even when economic rights are transferred, the creator retains personal, non-transferable rights.
Who Owns the Copyright?
Ownership depends on the relationship between the creator and the commissioning party:
- Individual Creators: Automatically own both economic and moral rights. Economic rights can be assigned or licensed, but moral rights remain unless expressly waived.
- Employees: If the work is created in the course of employment, the employer usually owns the economic rights unless otherwise stated in the employment contract. Moral rights remain with the employee.
- Independent Contractors: Ownership of economic rights depends on the written agreement. In the absence of one, the contractor retains both economic and moral rights.
- Assignees or Licensees: May acquire economic rights through legal agreements but never moral rights.
Well-drafted contracts are essential in industries like music, publishing, design, and software development to clearly define rights and prevent future disputes.
Duration of Copyright Protection
According to Ghana’s Copyright Act, the length of protection varies depending on the type of work:
- Individual authors: 70 years after the death of the author
- Joint authorship: 70 years after the death of the last surviving author
- Corporate or anonymous works: 70 years from publication or creation, whichever is later
- Audiovisual works: 70 years from creation or public release
- Sound recordings: 70 years from publication or fixation
- Expressions of folklore: Protected indefinitely, held in trust by the President
- Moral rights: Last in perpetuity, enforceable by the author or successors
Understanding these timeframes is vital for managing licensing, ownership, and the eventual expiry of rights.
How To Protect and Enforce Your Rights
While copyright exists automatically, enforcement often presents challenges. Here are practical steps to strengthen your protection:
- Register your work with the Copyright Office of Ghana: copyright.gov.gh
- Use clear contracts to define ownership, royalties, and usage terms
- Include copyright notices (e.g., © 2025 Nana Adjei) on all creative works
- Monitor your work online using takedown tools provided by platforms like YouTube, Spotify, or Instagram
- Pursue legal action or mediation through the courts or the Copyright Office if infringement occurs
Is Copyright Territorial?
Yes, copyright is territorial and governed by the laws of the country where protection is sought. Ghana’s copyright law applies domestically, but Ghana is also a signatory to the Berne Convention for the Protection of Literary and Artistic Works, which extends protection to over 180 member countries.
Under the Berne Convention, your work created in Ghana is recognized abroad without any registration requirement. However, each country determines the extent of protection and enforcement options under its national laws.
To strengthen your position globally:
- Register your work in Ghana for easier enforcement
- Use platform tools to issue takedown notices internationally
- Engage local legal experts if serious infringement occurs in another country
Why Copyright Matters for Creatives and Businesses
Creating content means creating value. Whether you are an artist, filmmaker, software developer, or entrepreneur, your work is an asset that deserves protection.
For businesses, especially those in media, tech, or entertainment, managing copyright effectively is crucial for securing revenue, maintaining brand integrity, and enabling long-term growth.
Is Copyright the Same as Trademark?
No. While both are forms of intellectual property, they protect different things:
| Copyright | Trademark |
|---|---|
| Protects original works (songs, books, videos, software) | Protects brand identifiers (logos, names, slogans) |
| Arises automatically upon creation | Requires formal registration |
| Lasts 70 years after the creator’s death | Renewable every 10 years |
| Enforced by creators or assignees | Enforced by brand owners |
Most creators and businesses benefit from both copyright and trademark protection—copyright for creative content, and trademark for branding.
Conclusion
Copyright protection in Ghana is not just for artists and musicians. It applies across industries, from technology and marketing to education and publishing. If you are creating original content, you are creating value—and protecting that value is essential.
Start with the basics: know your rights, register your work, use proper contracts, and monitor for misuse. Copyright is not just a legal formality. It is a business strategy.